Jul 20, 2021Legal
Fresh From the Bench: Latest Federal Circuit Court Cases


BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021)

In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement.  At issue in the case was Bot M8 LLC’s lawsuit against Sony Corporation of America, alleging infringement of six patents relating to gaming machines.  The district court granted dismissal as to the ’540, ’990, ’988, and ’670 patents, and summary judgment as to the ’363 patent.  The Federal Circuit affirmed in part, reversed in part, and remanded to the district court for further proceedings.  The Court’s opinion reemphasized two critical procedural points:  (1) patentees need not prove their case at the pleading stage; and (2) while a patentee’s pleading obligations are not insurmountable, a patentee may subject its claims to early dismissal by pleading facts that are inconsistent with the requirements of its claims.

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By Mario Delegato

Edited by Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt

Contributor Mario Delegato

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